Can I sue for defaulting on property fees for more than 3 years?

Can sue, more than three years, the parties do not lose the right to sue.

According to the limitation of civil action, if the property fee is in arrears for more than three years, the property company still has the right to bring a lawsuit to the court. Although not bringing a lawsuit within the limitation period may lead to the loss of the right to lose, the debt itself will not disappear. In order to actively solve this problem, we can start from the following aspects:

1. Looking for evidence of interruption of prescription.

Within the limitation of action, we need to recall whether we have ever made a performance request to the owner who defaulted on the property fee. This can be achieved through letters, emails, text messages, WeChat or even face-to-face communication. If we put forward a request for performance and there is corresponding evidence to prove it, then the statute of limitations will be recalculated.

2. negotiate and sign the payment agreement

The limitation of action can be extended by signing a payment agreement with the owner who is in arrears with the property fee. After the repayment plan is formulated and fulfilled, the limitation of action shall be recalculated from the time of fulfillment.

3. Keep evidence of willingness to pay

If the owner who is in arrears with the property fee is unwilling to make a written statement, we can invite an unrelated third party or relevant unit to witness it, and keep telephone records, audio recordings, video recordings and other evidence to prove that the owner is willing to pay the property fee. The debtor's acknowledgement of creditor's rights, request for postponement of performance, provision of guarantee and payment of interest are all regarded as agreement to perform obligations.

bring an action to the court

If negotiation fails, we can consider bringing a lawsuit directly to the court. According to the relevant judicial interpretation, the court will not take the initiative to apply the statute of limitations. If we file a lawsuit and the other party does not contest the limitation of action, we may realize our demands. According to the provisions of the Civil Code of People's Republic of China (PRC), after the expiration of the limitation period, the obligor may raise the defense of non-performance. However, if the debtor agrees to perform and has voluntarily performed, it cannot defend or request return on the grounds that the limitation period has expired.

The starting point of calculating the limitation of action for defaulting on property

According to the law, the starting point for calculating the limitation of action for property fees is from the expiration of the last contract. In other words, if the property fee is overdue for more than three years, the limitation of action can be calculated from the day after the last contract expires.

According to the law, you can sue if you owe money for more than three years. However, the limitation of action is still interrupted and recalculated. Before taking legal action, property units usually go through a series of dunning and negotiation steps. So if the property is in arrears for more than three years, we can judge whether we can take legal action according to the specific situation.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 188 of the Civil Code

The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.

The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.

Article 192

If the limitation of action expires, the debtor may raise the defense of non-performance.

After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.